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Mengoni v. Passy

Appellate Division of the Supreme Court of New York, First Department
Oct 27, 1998
254 A.D.2d 203 (N.Y. App. Div. 1998)

Opinion

October 27, 1998

Appeal from the Civil Court, New York County (Anne Katz, J.).


We decline to disturb the factual determination reached by the Civil Court and a majority of the Appellate Term that the appliances and items removed and replaced or fixed by respondent — including kitchen cabinets, air conditioners, refrigerators and bathroom sink — were in a defective state, and that the landlord did not respond to tenants repeated complaints and demands to have the items fixed ( see, Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495). Accordingly, the unilateral action undertaken by respondent was warranted, and was not a substantial breach of the "no alterations" clause of the lease ( compare, Britton v. Yazicioglu, 189 A.D.2d 734).

Concur — Sullivan, J. P., Rosenberger, Williams and Andrias, JJ. [ See, 175 Misc.2d 498.]


Summaries of

Mengoni v. Passy

Appellate Division of the Supreme Court of New York, First Department
Oct 27, 1998
254 A.D.2d 203 (N.Y. App. Div. 1998)
Case details for

Mengoni v. Passy

Case Details

Full title:FRED MENGONI, Appellant, v. MARC PASSY, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 27, 1998

Citations

254 A.D.2d 203 (N.Y. App. Div. 1998)
679 N.Y.S.2d 122

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